Out-of-plan environmental plan activity

Deviating from the zoning plan? The BOPA offers flexibility

An outdoor planning activity (BOPA) is applicable when a proposed activity does not fit within the zoning plan and is also not possible based on the deviation rules contained in the plan itself. In that case, the BOPA provides a legal route to still obtain an environmental permit. 

This option is important for initiators who, for example: 

• Want to realize a function that does not fit within the designated use; 
• Seek more building volume or different forms of use than the plan allows; 
• Develop innovative or temporary projects for which the plan does not contain any rules. 

The application for a BOPA permit requires a solid justification, particularly regarding the balanced allocation of functions to locations. The municipality will assess the activity against the objectives of the Environmental Act, including a good quality of the physical living environment. 

Our approach 

We assist initiators, project developers, and property owners with: 

• The legal assessment of whether a BOPA is required; 
• Drafting a substantiated application; 
• Consultation with municipalities about spatial integration; 
• Conducting proceedings in case of refusal or objections from third parties. 

Do you want to know if your plan deviates from the zoning plan and whether a BOPA is necessary? Contact our specialists for clear and practical advice.